Monthly Archives: December 2007

Congress Set To Declare That Christmas Is Important

Constitution, Religious Liberty

In light of tarran’s excellent post about government recognition of religious holidays, I found this article from The Politico to be both amusing and disturbing:

Rep. Steve King (R-Iowa) has introduced a resolution (H.Res. 847) saying, and I am not making this up, that Christmas and Christians are important. The House is scheduled to vote on this groundbreaking resolution on Tuesday.

Not surprisingly, King’s inane resolution has 58 co-sponsors.

And, just in case you didn’t know that a lot of people really like Christmas, here’s the text of the resolution:

Whereas Christmas, a holiday of great significance to Americans and many other cultures and nationalities, is celebrated annually by Christians throughout the United States and the world;

Whereas there are approximately 225,000,000 Christians in the United States, making Christianity the religion of over three-fourths of the American population;

Whereas there are approximately 2,000,000,000 Christians throughout the world, making Christianity the largest religion in the world and the religion of about one-third of the world population;

Whereas Christians identify themselves as those who believe in the salvation from sin offered to them through the sacrifice of their savior, Jesus Christ, the Son of God, and who, out of gratitude for the gift of salvation, commit themselves to living their lives in accordance with the teachings of the Holy Bible;

Whereas Christians and Christianity have contributed greatly to the development of western civilization;

Whereas the United States, being founded as a constitutional republic in the traditions of western civilization, finds much in its history that points observers back to its roots in Christianity;

Whereas on December 25 of each calendar year, American Christians observe Christmas, the holiday celebrating the birth of their savior, Jesus Christ;

Whereas for Christians, Christmas is celebrated as a recognition of God’s redemption, mercy, and Grace; and

Whereas many Christians and non-Christians throughout the United States and the rest of the world, celebrate Christmas as a time to serve others: Now, therefore be it

Resolved, That the House of Representatives–

(1) recognizes the Christian faith as one of the great religions of the world;

(2) expresses continued support for Christians in the United States and worldwide;

(3) acknowledges the international religious and historical importance of Christmas and the Christian faith;

(4) acknowledges and supports the role played by Christians and Christianity in the founding of the United States and in the formation of the western civilization;

(5) rejects bigotry and persecution directed against Christians, both in the United States and worldwide; and

(6) expresses its deepest respect to American Christians and Christians throughout the world.

Left unstated is where in the Constitution Congress is even authorized to pass a resolution like this.

Doug Mataconis
http://www.belowthebeltway.com

The Cult Of Death

Dumbasses and Authoritarians, Environment

An Australian medical expert has called for a $ 5,000 per child tax for any family with more than two children:

COUPLES who have more than two children should be charged a lifelong tax to offset their extra offspring’s carbon dioxide emissions, a medical expert says.

The report in an Australian medical journal called for parents to be charged $5000 a head for every child after their second, and an annual tax of up to $800.

And couples who were sterilised would be eligible for carbon credits under the controversial proposal.

(…)

“Every family choosing to have more than a defined number of children should be charged a carbon tax that would fund the planting of enough trees to offset the carbon cost generated by a new human being,” said Prof Walters, an obstetrician at King Edward Memorial Hospital.

Along the same lines, the British media ran a story a few weeks ago about a woman who had herself sterlizd to “protect the planet:”

Had Toni Vernelli gone ahead with her pregnancy ten years ago, she would know at first hand what it is like to cradle her own baby, to have a pair of innocent eyes gazing up at her with unconditional love, to feel a little hand slipping into hers – and a voice calling her Mummy.

But the very thought makes her shudder with horror.

Because when Toni terminated her pregnancy, she did so in the firm belief she was helping to save the planet.

Incredibly, so determined was she that the terrible “mistake” of pregnancy should never happen again, that she begged the doctor who performed the abortion to sterilise her at the same time.

He refused, but Toni – who works for an environmental charity – “relentlessly hunted down a doctor who would perform the irreversible surgery.

Finally, eight years ago, Toni got her way.

At the age of 27 this young woman at the height of her reproductive years was sterilised to “protect the planet”.

Incredibly, instead of mourning the loss of a family that never was, her boyfriend (now husband) presented her with a congratulations card.

There was a time when the birth of a child, any child, was a time of celebration and, for most sane people, that is still the case. For this new breed of environmentalists, though, the birth of a child, if not the very existence of humanity itself, is a cause for despair, not a cause for celebration. To them, human beings are a scourge upon an otherwise pristine paradise.

Now, it’s not surprising that people like this exist; doomsday cults of one kind or another have existed as long as human civilization. Usually, though, they are recognized for the nuts that they are.

Today, though, they are lauded as visionaries.

Doug Mataconis
http://www.belowthebeltway.com

Two Victories on the Mandatory Minimums Front

Crime and Punishment, Equal Protection, General, Legal, Mandatory Minimum Sentences, Separation Of Powers, The Bill Of Rights, The War on Drugs, Theory and Ideas

WASHINGTON – The Supreme Court on Monday said judges may impose shorter prison terms for crack cocaine crimes, enhancing judicial discretion to reduce the disparity between sentences for crack and cocaine powder.

By a 7-2 vote, the court said that a 15-year sentence given to Derrick Kimbrough, a veteran of the 1991 war with Iraq, was acceptable, even though federal sentencing guidelines called for Kimbrough to receive 19 to 22 years.

In a separate sentencing case that did not involve crack cocaine, the court also ruled in favor of judicial discretion to impose more lenient sentences than federal guidelines recommend.

The challenges to criminal sentences center on a judge’s discretion to impose a shorter sentence than is called for in guidelines established by the U.S. Sentencing Commission, at Congress’ direction. The guidelines were adopted in the mid-1980s to help produce uniform punishments for similar crimes.

The cases are the result of a decision three years ago in which the justices ruled that judges need not strictly follow the sentencing guidelines. Instead, appellate courts would review sentences for reasonableness, although the court has since struggled to define what it meant by that term.

Kimbrough’s case did not present the justices with the ultimate question of the fairness of the disparity in crack and powder cocaine sentences.

In a time when 5-4 Supreme Court rulings are the norm, this 7-2 ruling is a strong signal that the courts should have more discretion when sentencing individuals. Some may call this ruling “judicial activism” and one could probably make that case. But assuming that this is judicial activism, I would argue that the courts are constitutionally held to an even higher duty to make sure the punishment fits the crime; to do justice. When the prescribed punishment violates common sense, then judicial activism is completely appropriate (see my posts about Genarlow Wilson here, here, and here). We cannot reasonably expect the courts to be reasonable if state and federal laws tie the hands of the judges with unreasonable mandatory minimum sentencing laws.

The article continues:

Congress wrote the harsher treatment for crack into a law that sets a mandatory minimum five-year prison sentence for trafficking in 5 grams of crack cocaine or 100 times as much cocaine powder. The law also sets maximum terms.

Seventy percent of crack defendants are given the mandatory prison terms.

Kimbrough is among the remaining 30 percent who, under the guidelines, get even more time in prison because they are convicted of trafficking in more than the amount of crack that triggers the minimum sentences.

Justice Ruth Bader Ginsburg, writing for the majority, said, “A reviewing court could not rationally conclude that it was an abuse of discretion” to cut four years off the guidelines-recommended sentence for Kimbrough.

Justices Samuel Alito and Clarence Thomas dissented.

The Sentencing Commission recently changed the guidelines to reduce the disparity in prison time for the two crimes. New guidelines took effect Nov. 1 after Congress took no action to overturn the change.
The commission is scheduled to vote Tuesday afternoon on the retroactive application of the crack cocaine guideline amendment that went into effect on Nov. 1. The commission has estimated 19,500 inmates could apply for sentence reductions under the proposal.

I certainly hope these 19,500 inmates do just that; these 19,500 spots would serve us all better if they were taken by violent criminals who are a genuine threat to the life, liberty, and property of us all.

The Supreme Court also made a ruling on another mandatory minimums case:

In the other case, the court, also by a 7-2 vote, upheld a sentence of probation for Brian Gall for his role in a conspiracy to sell 10,000 pills of ecstasy. U.S. District Judge Robert Pratt of Des Moines, Iowa, determined that Gall had voluntarily quit selling drugs several years before he was implicated, stopped drinking, graduated from college and built a successful business. The guidelines said Gall should have been sent to prison for 30 to 37 months.

The sentence was reasonable, Justice John Paul Stevens said in his majority opinion. Alito and Thomas again dissented.

The cases are Kimbrough v. U.S., 06-6330, and Gall v. U.S., 06-7949.

Another case of judicial activism? The court was once again correct to choose probation over prison. Mr. Gall had already taken steps to be a productive, law abiding citizen. What good would come of putting an already rehabilitated individual into the prison system? These are only questions which can be answered by a judge or a jury; not an arbitrary one-size-fits-all mandatory minimum sentencing law.

Stephen Littau
http://fpffressminds.blogspot.com/

Should Governments Promote Religious Holidays?

Church and State, Democracy, Political Correctness, Religious Liberty, Theory and Ideas

A perennial question that comes up this time of the year is the question of how Christmas should be celebrated in public places, with a significant amount of anger and heated accusations being traded between proponents and opponents of the idea.

The Argument For

Christmas is a major part of American culture, especially since it was heavily commercialized in the late nineteenth century by nascent department stores and mail order businesses. Since the majority of the citizenry in nearly every polity on the local, state and federal levels that make up the United States are self-described Christians, governments universally make concessions to their holy day by refusing to conduct public business on or around that day. In order to maintain vital services, fire-fighters and police-men are paid bonuses for working on that day. Since governments are already marking this Christian holy day, since they are spending extra public monies for it, so why not go the extra step? After all, Christmas is a cheerful celebration marking birth and life, and God knows generally when the state shuts down business to mark an anniversary, it usually is about death; the day a war started or ended, or the day some war-maker was born or something.

Argument Against #1

Of course, a substantial minority of Christians don’t celebrate Christmas as it actually has little to do with Christianity itself. Jesus was not born anywhere near the Winter Solstice. The earliest recorded celebration of Christmas on or about the winter solstice as a Christian holiday occurred in Egypt. Their worship of the holiday bears a strong resemblance to the celebration of the resurrection of Osiris, which were also celebrated on the winter solstice. It is very clear that the leaders of the late Roman Empire folded the popular festival of Saturnalia into the new imperial Christian religion. Much like Jews making a big deal about Hanukkah, and black Americans celebrating Kwanzaa, it is clear that the early Christians made up the holiday to basically have an excuse to participate in the holidays of the non-Christian cultures they were embedded within. The Christians who don’t celebrate Christmas and view its observance as a heresy, are quite understandably upset to see it promoted anywhere. This would have included many of the colonists in new England. As frequent Reason Hit and Run commenter joe observed:

Here is Massachusetts, they had a fight a few years ago about whether the Town of Lexington should be paying to put a nativity scene on the town common. One of the arguments often made was, “What would the Minutemen say if they found out we couldn’t have a nativity scene for Christmas?”

The desired answer was, they would be aghast at the hostility of the government towards Christianity.

The correct answer was, they would be aghast at such a blatant display of papist idolatry, and smash it to bits with the butts of their muskets.

Why should people be forced to pay for blasphemy?

Argument Against #2

Some people pay taxes but don’t like to see the money spent on things that they don’t like, including Christmas celebrations. The reason they don’t approve is immaterial, perhaps they are not Christian, perhaps they are but think that Christmas should be a private matter. These folks are, of course, aghast at the misuse of money. It is one thing to compel people to pay for a good like fire-prevention. It is another to force people to pay for something frivolous like a manger scene. They want their tax money spent on other things, perhaps ensuring that children have adequate health care or for more policemen or better radios for firefighters. If they were in charge the public monies would go to those things and not be frittered away on displays.

Argument Against #3

Of course, a significant number of people aren’t Christian, yet they too have their own ways of celebrating the Winter Solstice. Why shouldn’t they have their traditions celebrated as well? Where should one draw the line? At having the 49% of the population who are non-believers subsidize to 51% who are? 25%? 5%?

Again, why should a man be forced to pay for another religion’s celebrations?

Christmas at Disney-world: Where’s the Controversy?

“Is there any point to which you would wish to draw my attention?” [asked Inspector Gregory]

“To the curious incident of the dog in the night-time.” [answered Holmes]

“The dog did nothing in the night-time.”

“That was the curious incident,” remarked Sherlock Holmes.

Every year, Disney-world has a massive extravaganza in celebration of Christmas. This celebration elicits little or no controversy. People don’t file lawsuits or get in shouting matches over their choices of how to celebrate the holiday. Why is that? It’s not that a single individual or sect owns the property. Disney’s board of directors answer to the shareholders, and there are millions of shareholders who own Disney, more than the thousands of voting taxpayers living in Lexington, MA. Surely there must be atheists, Jews, or people opposed to ostentatious displays of Christmas cheer in their ranks. Why do these millions not get angry while a mere ten thousand or so get into shouting matches? The answer lies in the fact that people who are unhappy with Disney’s decision are free to end their involvement with the company. They can sell their shares. They can refuse to give their custom to Disney-world.

But when it comes to government, people are denied that freedom. In his wonderful 15+ hour Commentaries, Robert LeFevre recounts the story of an exchange he had with a town commissioner. At the time, he was a newspaperman, and he was asked to publish an announcement on behalf of the town government to the effect that a local park would be closed to public access on a certain night. The commissioner explained that they had invited a youth group from a neighboring town to have a party of some kind in the park. LeFevre, apparently feeling a little mischievous, challenged the commissioner and asked him by what right he could make such a decision. The commissioner explained that he had been appointed by the townspeople who collectively owned the park. “Aha” LeFevre said, “you see, I know something about the guests you have invited, and they are rough customers.” He told the commissioner that he feared the guests would damage the park, and as an owner he would be on the hook for repairs. Since he thought his ownership share in the park was about to become a liability, he told the commissioner that he would like to sell his share. The commissioner, of course was apoplectic at the idea; “you can’t sell your share!” he cried. Regardless or Robert LeFevre’s concerns, he was a prisoner. So long as he lived within the commissioner’s zone of control, he was yoked to the wagon of state, compelled to go where the commissioner directed it, and forced to yield his back to the commissioner’s whip. As LeFevre predicted, the guests caused a significant amount of damage to the park. The damage was repaired at cost to the taxpayers.

Government Action Inevitably Causes Conflict

By forcing people to bear the costs of government, government officials are setting people at each other’s throats. Rather than being a force for peace and civilization, the government becomes a divisive entity, weakening the bonds of fellowship. People who otherwise would get along and have good relations with each other find themselves driven into conflict.

If the fans of Christmas really which to honor the Prince of Peace, they should eschew government-funded displays in favor of privately funded ones. Otherwise they are nudging society in a more conflict-prone, violent direction.

tarran
I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.
https://thelibertypapers.org/author/tarran/

Ron Paul Turns Down Invitation To Run On Libertarian Ticket

Election '08, Politics

As I noted yesterday, the Libertarian National Committee took the somewhat unusual step of asking Ron Paul, who is running for the Republican Presidential nomination, to run as a Libertarian if he does not get the GOP nomination.

Today, the Austin American-Statesman reports that Paul has declined the invitation:

WASHINGTON — U.S. Rep. Ron Paul turned down a Libertarian Party invitation on Sunday that could have kept him in the 2008 presidential race even if his long-shot bid for the GOP nomination fails.

At a meeting in Charleston, S.C., the Libertarian National Committee on Sunday unanimously approved a resolution praising the Lake Jackson congressman for igniting “a renewed passion for liberty across America.”

Paul was the 1988 Libertarian presidential nominee and, according to the resolution proposed by former Georgia Rep. Bob Barr, “is a member of the Libertarian Party in good standing.”

“The Libertarian Party and Congressman Ron Paul share many common principles for liberty and prosperity in America,” the resolution said.

The Barr resolution urged Paul to seek the Libertarian Party nomination that will be awarded at the party’s May national convention in Denver.

But Paul spokesman Jesse Benton said it would not happen.

“Ron has no intention to run third party whatsoever,” he said.

And that, it would appear, is that.

Doug Mataconis
http://www.belowthebeltway.com
1 … 6 7 8 9 10 … 14